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Poverty Penalties and Poverty Traps

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	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 601-17.5	Collection of delinquent court-ordered payments	The judiciary may contract with a collection agency bonded under chapter 443B or with a licensed attorney to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs, including + See more juvenile monetary assessments. Any fees or costs associated with the collection efforts shall be added to the amount due and retained by the collection agency as its payment; provided that no fees or costs shall exceed fifty per cent of the amount collected.	Collection fee/interest	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291C-171.5	Collection of fines and costs	(a) Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action.(b) + See more Costs may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs. (c) The state attorney general may institute proceedings to collect the fine, and costs, including interest and attorney's fees, as a civil judgment in the court of appropriate jurisdiction.	Civil judgment	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-643(1)	Disposition of funds	(1) The defendant shall pay a fine or any installment thereof to the cashier or clerk of the district or circuit court. In the event of default in payment, the + See more clerk shall notify the prosecuting attorney and, if the defendant is on probation, the probation officer.	Other	All	Yes
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-644(1)	Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection	(1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and the defendant + See more is ordered to pay a fee, fine, or restitution, whether as an independent order, as part of a judgment and sentence, or as a condition of probation or deferred plea, and the defendant defaults in the payment thereof or of any installment, the court, upon the motion of the prosecuting attorney or upon its own motion, may require the defendant to show cause why the defendant's default should not be treated as contumacious and may issue a summons or a warrant of arrest for the defendant's appearance. Unless the defendant shows that the defendant's default was not attributable to an intentional refusal to obey the order of the court, or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court shall find that the defendant's default was contumacious and may order the defendant committed until the fee, fine, restitution, or a specified part thereof is paid.	Incarceration	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-644(4)	Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection	(4) If it appears that the defendant's default in the payment of a fee, fine, or restitution is not contumacious, the court may make an order allowing the defendant additional + See more time for payment, reducing the amount of each installment, or revoking the fee, fine, or the unpaid portion thereof in whole or in part, or converting the unpaid portion of the fee or fine to community service. A defendant shall not be discharged from an order to pay restitution until the full amount of the restitution has actually been collected or accounted for.	Community service	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-644(5)	Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection	(5) Unless discharged by payment or, in the case of a fee or fine, service of imprisonment pursuant to subsection (3), an order to pay a fee, fine, or restitution, + See more whether as an independent order, as a part of a judgment and sentence, or as a condition of probation or deferred plea pursuant to chapter 853, may be collected in the same manner as a judgment in a civil action. The State or the victim named in the order may collect the restitution, including costs, interest, and attorney's fees, pursuant to section 706-646. The State may collect the fee or fine, including costs, interest, and attorney's fees pursuant to section 706-647.	Civil judgment	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-642(2)	Time and method of payment	(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-644(3)	Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection	(3) The term of imprisonment for nonpayment of fee, fine, or restitution shall be specified in the order of commitment, and shall not exceed one day for each $25 of + See more the fee or fine, thirty days if the fee or fine was imposed upon conviction of a violation or a petty misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of a fee or fine shall be given credit toward payment of the fee or fine for each day of imprisonment, at the rate of $25 per day.	Incarceration	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-630	Probation: Discharge of defendant	Upon the termination of the period of the probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the + See more court and shall have satisfied the disposition of the court, except as to any action under this chapter to collect unpaid fines, restitution, attorney’s fees, costs, or interest.	Condition or extension of supervision	Misdemeanor, Felony	No
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-22 (b)	Applicability — Late Payment Fee — Requirement to Pay — Defendant Not Indigent	A court may adopt a local rule to impose a late payment fee under this section on defendants described in subsection (a).	Increased fine	All	No
Add to Dashboard + Create New	Indiana	Ind. Code § 35-38-1-18 (d)(2)-(3)	Payment of Fines	(d) Upon any default in the payment of the fine:... (2) the court may direct that the person, if the person is not indigent, be committed to the county jail + See more and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings or order the convicted person’s wages, salary, and other income garnished in accordance with IC 24-4.5-5-105 to enforce the court’s order for payment of the fine.	Incarceration, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Indiana	Ind. Code § 35-38-2-1.7 (d)	Payment of Probation User’s Fee — Lien — Garnishment	If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income + See more earned by the person to enforce the order.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-4-10	Itemized Fee Bills — Duty of Sheriff to Collect	(a) Not later than seventy-five (75) days after judgment is entered in an action, the clerk shall issue an itemized fee bill for the collection of fees that were charged + See more against the party in that action and that remain unpaid. The clerk shall present the fee bill for collection to the sheriff of a county in which the debtor party resides or in which the debtor party has property.(b) The sheriff shall do the following: (1) Collect the amount due under the fee bill. (2) Return the fee bill to the clerk not more than sixty (60) days after the day the fee bill was issued. (c) After presented to the sheriff, a fee bill has the effect of an execution and operates as a lien upon the real and personal property of the debtor. (d) A successor of an officer may issue fee bills for the fees of the officer's predecessors in office in the manner provided under this chapter. A clerk may issue the fee bills of the sheriff or the former sheriffs of the county in the same manner.	Property liens	All	Yes
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-50-5-3 (b); (h)	Restitution Orders	(b) A restitution order under subsection (a), (i), (j), (l), or (m), is a judgment lien that:(1) attaches to the property of the person subject to the order; (2) may + See more be perfected; (3) may be enforced to satisfy any payment that is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and (4) expires; in the same manner as a judgment lien created in a civil proceeding ... (h) The attorney general may pursue restitution ordered by the court under subsections (a) and (c) on behalf of the victim services division of the Indiana criminal justice institute established under IC 5-2-6-8.	Civil judgment, Property liens	All	No
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-8-3.3 (h) - (m)	Pretrial Services Fees	(i) A probation department or pretrial services agency may petition a court to: (1) impose a pretrial services fee on a defendant; or (2) increase a defendant’s pretrial services fee; if the financial + See more ability of the defendant to pay a pretrial services fee changes while the defendant is on bail and supervised by a probation officer or pretrial services agency. (j) An order to pay a pretrial services fee under this section: (1) is a judgment lien that, upon the defendant’s conviction (A) attaches to the property of the defendant; (B) may be perfected; (C) may be enforced to satisfy any payment that is delinquent under this section; and (D) expires; in the same manner as a judgment lien created in a civil proceeding; (2) is not discharged by the disposition of charges against the defendant or by the completion of a sentence, if any, imposed on the defendant; (3) is not discharged by the liquidation of a defendant’s estate by a receiver under IC 32-30-5; and (4) is immediately terminated if a defendant is acquitted or if charges against the defendant are dropped. (k) If a court orders a defendant to pay a pretrial services fee, the court may, upon the defendant’s conviction, enforce the order by garnishing the wages, salary, and other income earned by the defendant. (l) In addition to other methods of payment allowed by law, a probation department or pretrial services agency may accept payment of a pretrial services fee by credit card (as defined in IC 14-11-1-7(a)). The liability for payment is not discharged until the probation department or pretrial services agency receives payment or credit from the institution responsible for making the payment or credit. (m) The probation department or pretrial services agency may contract with a bank or credit card vendor for acceptance of a bank or credit card. However, if there is a vendor transaction charge or discount fee, whether billed to the probation department or pretrial services agency, or charged directly to the account of the probation department or pretrial services agency, the probation department or pretrial services agency may collect a credit card service fee from the person using the bank or credit card. The fee collected under this subsection is a permitted additional charge to the fee or fees the defendant may be required to pay under subsection (e).	Collection fee/interest, Increased fine, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-2-3 (a)(4); (d)	Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections	(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, + See more the court shall order the person to pay: ... (4) the entire amount of the costs at some later date, less any amount credited under subsections (g) through (i) for the performance of: (A) allowable community service work ordered by the court as part of the person’s sentence or as part of the person’s probation; or (B) uncompensated volunteer work approved by the court at a nonprofit or municipal corporation that benefits the community, even if the volunteer work is not ordered by the court. ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs.	Civil judgment, Community service, Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-18-114	Record and disbursement of wages; exemption from process; confidentiality of amount	(a) Wages earned by an inmate, parolee or offender while in an adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed + See more for the purposes provided in this subsection and in the order specified: (i) Personal necessities; (ii) Room and board to the program operator at a rate to be established by the department; (iii) Support of dependent relations; (iv) Court ordered restitution, fines, sanctions and reimbursement for the services of public defender or court appointed counsel, the surcharge imposed under W.S. 1-40-119, victims compensation obligations under W.S. 1-40-112(g) and the surcharge imposed under W.S. 7-13-1616; (v) Repealed by Laws 1999, ch. 62, § 2. (vi) Costs of health insurance; and (vii) Remaining funds shall be paid to the inmate, parolee or offender upon parole or final discharge. (b) Wages earned by offenders, other than parolees or inmates, while in a residential adult community corrections program shall be retained and accounted for by the program operator and shall be disbursed only for the purposes and in the order specified in subsection (a) of this section unless otherwise ordered by the sentencing court. Any remaining funds shall be paid to the offender upon his satisfactory discharge from the program. Upon revocation of an offender's probation, the program operator shall forward any remaining funds to the court or to the institution to which the offender is sentenced as directed by the court. (c) Program operators shall keep an accurate record and account of all wages earned by inmates, parolees and offenders pursuant to the rules promulgated by the department. (d) The earnings of inmates under this act are not subject to garnishment, attachment or execution. (e) Information relating to the amount of wages earned by an inmate, parolee or offender in an adult community corrections program is confidential and is not subject to public inspection.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-16-101	Persons subject to required work	(a) The sentencing court may require the following persons to perform work pursuant to W.S. 7-16-101 through 7-16-104: (i) Persons sentenced to a definite term of imprisonment in the county jail, + See more whether or not a fine is imposed as a part of the sentence; (ii) Persons committed to jail pursuant to W.S. 6-10-105 for refusal to pay a fine or costs; and (iii) Persons for whom work is imposed as a condition of probation pursuant to W.S. 7-13-304(b). (b) No person charged with a crime and awaiting the action of the grand jury or awaiting trial shall be required to perform work pursuant to W.S. 7-16-101 through 7-16-104.	Condition or extension of supervision, Work program/jail industry program	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 6-10-105	Commitment for refusal to pay fine or costs; rate per day	A person committed to jail for willfully refusing to pay a fine or costs may be imprisoned if the court determines that the defendant has an ability to pay or + See more that a reasonable probability exists that the defendant will have an ability to pay, until the imprisonment, at the rate of fifteen dollars ($15.00) per day, equals the amount of the fine or costs, or the amount shall be paid or secured to be paid when he is discharged.	Incarceration	All	No
Add to Dashboard + Create New	Wyoming	Wyo. Stat. Ann. § 7-11-504	Commitment until fine and costs paid	If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. + See more If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S. 6 10 105, and may earn additional credits against his fine or costs for work performed as provided by W.S. 7 16 101 through 7 16 104.	Incarceration	All	No

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